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No. 8687782
United States Court of Appeals for the Ninth Circuit
Pelaes v. Mukasey
No. 8687782 · Decided July 2, 2008
No. 8687782·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 2, 2008
Citation
No. 8687782
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Miguel Flores Pelaes and Maria Magdalena Moto Ramos, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider its July 9, 2004, order denying their motion to reopen removal proceedings to raise a Convention Against Torture claim. We lack jurisdiction to review the BIA’s July 9, 2004 order because the instant petition for review is untimely as to that order. See Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir.1996). Petitioners have waived any challenge to the BIA’s order, denying their motion to reconsider the 2004 order by failing to address that order in their opening brief. See id. at 1260 (holding that issues not addressed in the opening brief are generally waived). PETITION FOR REVIEW DISMISSED in part; DENIED in part. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Miguel Flores Pelaes and Maria Magdalena Moto Ramos, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider its July 9, 2004, order deny
Key Points
01MEMORANDUM ** Miguel Flores Pelaes and Maria Magdalena Moto Ramos, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider its July 9, 2004, order deny
02We lack jurisdiction to review the BIA’s July 9, 2004 order because the instant petition for review is untimely as to that order.
03Petitioners have waived any challenge to the BIA’s order, denying their motion to reconsider the 2004 order by failing to address that order in their opening brief.
04at 1260 (holding that issues not addressed in the opening brief are generally waived).
Frequently Asked Questions
MEMORANDUM ** Miguel Flores Pelaes and Maria Magdalena Moto Ramos, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider its July 9, 2004, order deny
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This case was decided on July 2, 2008.
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